A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 12, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, March 12, 1991, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.

MINUTES

Discussion occurred regarding the Minutes of February 12, 1991, with the following corrections being made:

Page 6 - Private Industry Council - Add: Supplemental agenda request to approve the authorization for the PIC Director, Personnel Director or Executive Director of Administrative Services/Budget to execute agreements and other documents necessary to the operation of JTPA programs, up to the amount of $1,000.00.



Page 13 - Line 8 - Correct: "County Attorney" to "County Manager".



Page 7 - Line 3 - Correct: "On a motion by Commr. Swartz" to "On a motion by Commr. Gregg".



On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of February 12, 1991, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:

Accounts Allowed

Payment of County bills and bills of indigents, for Warrant #132436 through Warrant #132732, for the following accounts:



County Transportation Trust Landfills

Capital Outlay Northwest Fire District

Countywide Fire District South Lake Fire District

Mt. Plymouth Fire District Bassville Fire District

Pasco Fire District Paisley Fire District

General Revenue Mosquito Control

Aquatic Weed Private Industry Council

Miscellaneous/Gas Fund Resort & Development Fund Tax

Northeast Hospital Commissary Trust Fund

Road Impact Emergency 911 Fund

Animal Shelter Trust Fund Law Library

Countywide Library Criminal Justice Trust Fund



Accounts Allowed/Courts-Judges



Request to approve and signature authorization on the Satisfaction of Judgment, Case No. 89-1489-CF-A-01-H2, Cecil Mike Hays, in the amount of $250.00.



Request to approve and signature authorization on the Satisfaction of Judgment, Case No. 89-1307-CF-A-01-H1, Ralph Leroy Smith, in the amount of $250.00.



Bonds-Contractor



Reinstatements



1545-91 Kenneth R. Huchingson, Huchingson Construction

4605-91 A A A Construction & Development Corp.



Cancellation



4731-90 Dennis W. Mathis



New



4334-91 A Waldron Refrigeration, A/Cond. & Heating, Inc.

4930-91 Ronald T. Shaham d/b/a Shaham Masonary

4938-91 Theodore Augustus Mapes (Roofing)

4939-91 Mark A. Pasill & William L. Berube d/b/a

P & B Concrete

4942-91 Van Roy Lane (Electrical)

4943-91 James R. Burwell d/b/a Burwell Electric



Meetings/State Agencies



Acknowledged receipt of the Notice of Public Hearings, Florida Department of Transportation (FDOT), March 26, 1991, 7 p.m., Eustis City Commission Room, and March 27, 1991, 7 p.m., at the Volusia County Administration Building, Deland.



COUNTY MANAGER'S CONSENT AGENDA

ADMINISTRATIVE SERVICES/BUDGET

Mr. Al Thelen, County Manager, requested that Tab 3, the request for consideration of Release of Reclamation Surety Bond No. 197829-90, in the amount of $25,000.00 (CUP #89/12/2-3), be pulled from the agenda, in order that it be reviewed further.

Commr. Hanson requested that Tab 6 be pulled for discussion.

Commr. Bailey called for public comment on the County Manager's Consent Agenda.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the County Manager's Consent Agenda, for the following requests, with the exception of Tabs 3 and 6:

Accounts Allowed/Budgets

Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:

(2) Award Bid and Encumber Funds:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Environmental

Services -

Landfill Environmental/

Hazardous Waste

Classic Modular Systems Inc.

Laboratory Casework

RFP # 012-091.

$ 11,966.42
(2) Public Works -

Transportation

Gator Ford Truck Sales, Inc.

One (1) or more 1991 1 ton diesel cab and chassis.

$ 14,397.00
(3) Public Works -

Transportation

Cecil Clark Chevrolet.

Two (2) or more 1991 4 x 4 extended cab truck.

$ 27,149.98

(ea $ 13,574.99)

(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Capital

Improvements

Criminal Justice

Iris L.T.D. Inc.

Security ID System for Jail.

$ 2,698.20
(2) BCC - Capital

Improvements

Criminal Justice

Polaroid Corporations in care of Iris L.T.D. Inc.

Polaroid ID-4 System Camera.

$ 3,295.00
(6) Approve Services That Do Not Require Bid or

Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) BCC - Administrative Services

Risk Management

American General Group Services Corp.

Runout Claims paid January 1991.

$ 1,201.71
(2) Public Works -

Transportation

Qualitech Machining Co.

Thermoplaxtic handliner.

$ 8,000.00





Accounts Allowed/Contracts, Leases & Agreements

Health & General Services



Request for approval, signature and encumbrance of funds for an Umbrella License Agreement between Lake County and the Motion Picture Licensing Corporation, in the amount of $500.00.



Accounts Allowed/Bonds/Planning & Development



Request to release expired Restoration Bond for $50,000.00 and replace with updated $50,000.00 Restoration Bond. (CUP #86/6/3-3 -Highland Growth Properties, Inc.)



Right-of-Ways, Roads & Easements



Request to accept non-exclusive easement dedications:



Sec. 25, Twp. 21, Rg. 26 - District #3



a. Dan and Jeanne Eastwood

b. Joy-Ray Ministries, Inc.

c. Joe Middleton Groves, Inc.

d. The Farm Credit Bank of Columbia



Sec. 24, Twp. 21, Rg. 26 - District #3



a. Gregory Brakefield



Sec. 6, Twp. 23, Rg. 26 - District #3



a. Hogan, McLean, Ladd, Inc.



Bonds - Mobile Home



Request to cancel the following existing Mobile Home Bond:



Lydia Billette - Umatilla area - District #5



Deeds/Right-of-Ways, Roads & Easements



Request for approval to execute quit claim deeds to return right-of-way mistakenly granted to Lake County by an erroneous legal description.



Right-of-Ways, Roads & Easements



Request to grant a non-exclusive easement for ingress and egress to land locked property owners.



Deeds/Right-of-Ways, Roads & Easements/Road Projects



For Lot Approval:



Wallace C. Myers, Jr. & Mary Helen Myers - Tuscanooga Road #2-2005



For Road Project:



Ewald Hanke & Marie Hanke - Round Lake Rd. #4-4183

The School Board of Lake County - Lane Park Cutoff Rd. #3-3444



BONDS - MOBILE HOME

Discussion occurred regarding the mobile home bond being approved for Mr. Gordon Lamb, with clarification being made by Mr. John Swanson, Director of Planning and Development.

Commr. Bailey called for public comment.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept the following new Mobile Home Bonds:

Gordon Lamb - Mt. Plymouth-Sorrento area - District #4

Karl W. Richburg - Royal Trails area - District #5

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/COUNTY BUILDINGS & GROUNDS

Commr. Bailey called for public comment.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to increase the Purchase Order to Pieco Orlando, Inc. an additional $6,948.00 for the removal of additional underground storage tanks, and the disposal of contaminated soils, which were encountered during the excavation phase of the site work for the Courts Building.

CONTRACTS, LEASES & AGREEMENTS/COUNTY MANAGER

Mr. Al Thelen, County Manager, discussed the request for consideration of David M. Griffith and Associates, LTD to provide contract management services relating to the non-ad valorem tax system. Mr. Thelen stated that, during the negotiations of the contract, the contract has been slightly modified, in order to change the level of internal management support, with more being done by the consultant.

Mr. Robert Sheets, David M. Griffith and Associates, LTD, appeared before the Board to answer questions.

Commr. Swartz discussed Page 2, Task 12. Public Education, in the Database Development Scope of Services, and questioned the legality of sending out the notices with additional information relative to special assessments and impact fees.

Mr. Sheets stated that it was his understanding that you can put with the first-class notice any documentation or educational material. He stated that the education process needs to begin as soon as possible.

Mr. Sheets recapped the findings in Phase I, which recommends a Phase II, because the current database of the Property Appraiser is not suitable to continue forward with the County's interest in funding services through special benefit assessments. Mr. Sheets stated that it was determined that the County's current rate structure, and rates themselves for fire services, need to be recalculated and restructured. He further stated that, if the County is going to continue to benefit from special assessments, a means needs to be developed by which the County can maintain the system in a cost effective manner. Phase II was to carry forward the recalculation and the restructuring of the fire assessments, the development of that database, and the means by which the County itself can continue on. Mr. Sheets stated that the County has taken a major step towards privatization by having the assistance of this firm.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board approved the request for David M. Griffith and Associates, LTD, to provide contract management services relating to the non-ad valorem tax system.

Commr. Bailey voted "no".

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to award bid, prepare and execute contract, and to encumber and expend funds to Bowyer-Singleton and Associates, Incorporated, in the amount of $39,240.00, for surveying services at the proposed Site K landfill.

It was noted that, upon failure to successfully conclude price negotiations with any of the three firms previously selected through the Consultants' Competitive Negotiations Act Procedures, the Board: (1) declared a public emergency to allow this project to be completed within required timeframes and (2) directed staff to request bids for the required surveying services. Requests for bid proposals were transmitted to approximately 36 firms, with 22 firms responding. The bids received, from firms who supplied at least the minimum information in the Request for Bid Proposals (RFBP), were as follows:

Bowyer-Singleton and Associates, Inc./SES $39,240.00

Springstead Engineering, Inc./Aerofax $39,420.00

REPS/SRS $42,900.00



Commr. Swartz suggested that the Board consider the selection of the second lowest bidder, Springstead Engineering, Inc., which is a local firm. He stated that he would hope that, being a local firm, they may be able to save the County more than $180.00, (which is the difference between the first and second lowest bidders), in providing the work.

Commr. Gregg stated that the only problem he has with this approach is that a request was made for bids, and if the lowest bid is not accepted, the County is not following through with the procedure that was established. He stated that, the only way to do business with just the local people, in a fair manner, is to limit the bid list to Lake County.

Mr. Findell discussed the bid that was received, in the amount of $25,000.00, and stated that the bid submitted did not meet all of the requirements of the RFP. He stated that this was not a local firm that submitted the bid.

Discussion occurred regarding the issue of making an exception for a local firm, with Commr. Bakich stating that he concurs with Commr. Gregg, in that, when you go for bids, the person making the bid expects to be considered equally and fairly.

He stated that the procedure taken has been proper and the lowest bid should be accepted.

Commr. Bailey stated that he felt the $180.00 difference should be a factor in the decision made by the Board.

Commr. Gregg stated that, if the Board had a policy that stated, if the bid separation was two percent or less, the Board could make such a decision that is being suggested by Commr. Swartz, but that it is unfair to ask people to bid work, and not award the lowest bid under the present policy of the County.

Mr. Bruce Phillips, Springstead Engineering, appeared before the Board and extended appreciation to the Board for allowing the local people to get involved in such issues. He stated that, because of the proximity of his firm to the project, there could be more of a savings than $180.00, and requested that the Board take this into consideration.

Mr. Dennis Steele, Bowyer-Singleton and Associates, Inc., appeared before the Board and stated that he is personally going to supervise the project, and that the firm is certainly qualified to do the work. Mr. Steele extended his appreciation for the opportunity to bid this project.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved to accept the second lowest bidder, Springstead Engineering, Inc., at a cost not to exceed $39,420.00.

The motion carried with a 3-2 vote.

Commrs. Bakich and Gregg voted "no".

Commr. Swartz suggested that the staff establish a policy, with a possible percentage rate included, as discussed above, and come back to the Board with recommendations.

CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION

Mr. Lonnie Strickland, Director of Health & General Services, was present to discuss the request with the Board.

Commr. Bailey called for public comment.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to execute a Lease Agreement between Lake County and De Anza National Mobile Estates, Ltd., for fire stations located in Mid-Florida Lakes Mobile Home Community.

ACCOUNTS ALLOWED/FIRE PROTECTION/SUBDIVISIONS

Mr. Al Thelen, County Manager, reported on the Plantation Fire Station, and stated that the bids were received, and were approximately $50,000.00 in excess of the money that the County already has in the budget. Mr. Thelen stated that a proposal was received from the people at Plantation, which is close within the budget, with a few major changes, but would not change the function of the facility. He stated that the people need to talk with their Board of Directors to see if they can place themselves in a bidding situation. He stated that the County was looking at the standard proto-type fire station, but the proposal received from Plantation has some design features. One of the options is for the County to look at these and see whether or not the County is able to do the design features. Mr. Thelen stated that there is a chance that this will need to be readvertised. He stated that some additional money will be needed in the amount of $20-50,000.00. In reviewing the project, it was determined that the sales tax infrastructure fund could be used. He stated that, over the last six years, the County has taken in $26,000.00 worth of interest on the $75,000.00 deposited by Plantation.

Commr. Swartz stated that there are places where the County needs to try and use the sales tax funds for capital expenditures, particularly with this type of budget. He requested that Ms. Annette Star Lustgarten, County Attorney, review the Florida Statutes, where the County may be able to reimburse the money spent for the purchase of the B.M.K. ranch lands, into the General Fund.

Mr. Thelen stated that this alternative will be reviewed, and will give the Board some alternate finance mechanisms for consideration.

Commr. Gregg stated that the developer should be given the interest on the $75,000.00, and the County has an obligation that needs to be taken care of quickly.

It was the consensus of the Board for the above to be considered.

ACCOUNTS ALLOWED/GRANTS/PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to release a Request for Proposals for consultant planning services for the preparation of the Land Development Regulations (LDR), in an amount not to exceed $50,000.00.

Mr. Swanson stated that the County's Land Development Regulations are required to be submitted to the Department of Community Affairs one year after the submission of the County's Comprehensive Plan, which was submitted February 1, 1991. Mr. Swanson stated that Rule 9J-30, Florida Administrative Code, indicates that the County will receive a grant of approximately $50,000.00 from the State for the preparation of the LDR's. This was reviewed, discussed and budgeted in the fiscal year 90/91 Planning and Development budget.

Commr. Gregg made a motion, which was seconded by Commr. Bakich, to approve the request to release a Request for Proposals for consultant planning services for the preparation of the Land Development Regulations, in an amount not to exceed $50,000.00.

Mr. Swanson discussed the $50,000.00 that was identified during the budgetary process for the LDR grant, which was to be spread out over a two year period.

Commr. Bailey called for public comment.

Commr. Bailey called for a vote on the motion, which was carried with a 4-1 vote.

Commr. Swartz voted "no".

APPRAISALS/BIDS/COUNTY PROPERTY/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to declare a vacant parcel of property surplus and obtain an appraisal for the purpose of sale by sealed bids, with the minimum bid being the appraised value. The recommendation was to approve the request.

Commr. Bailey discussed the request and stated that this was about three acres of property, with approximately 1 1/2 acres being dry land. He stated that he felt the property has potential for other uses, and recommended denying the request to declare this as surplus property.

Mr. Stivender stated that there is an adjacent development, which wanted to incorporate this parcel into the lot scheme.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board denied the request as stated above, and as presented by Mr. Stivender.

ACCOUNTS ALLOWED/MUNICIPALITIES/RESOLUTIONS/STATE AGENCIES

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to execute an official resolution requesting $137,000.00 from the Florida Department of Natural Resources, Florida Boating Improvement Program for Tavares Park.

ACCOUNTS ALLOWED/BUDGETS/MUNICIPALITIES

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to expend $100,000.00 of the Lake County Fishery Improvement Fund for construction of Tavares Park.

ACCOUNTS ALLOWED/BIDS/MUNICIPALITIES

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise for bids for the Tavares Park Project, at an estimated cost of $326,652.00.

PUBLIC HEARINGS-TIMES CERTAIN

LIBRARIES/ORDINANCES

Ms. Annette Star Lustgarten, County Attorney, stated that the proposed ordinance changes the structure of the existing library board to reflect the terms of the interlocal agreements.

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the proposed ordinance.

Commr. Swartz suggested that, some time in the future, the Board may need to address Page 2, (b) regarding the free circulation of library materials in participating libraries to all residents of unincorporated Lake County, residents of municipalities without libraries, and to residents of municipalities pursuant to interlocal or other agreements.

Commr. Bailey called for public comment.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Ordinance 1991-2, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

COUNTY, FLORIDA, AMENDING CHAPTER 12, LAKE COUNTY CODE,

LIBRARIES, ARTICLE III, COUNTY-WIDE LIBRARY SYSTEM;

PROVIDING FOR AMENDMENT TO SECTION 12-36, CREATED;

PURPOSE, TO PROVIDE THAT THE COUNTY-WIDE LIBRARY SYSTEM

MAY INCLUDE EDUCATION-BASED LIBRARIES; PROVIDING FOR

AMENDMENT TO SECTION 12-37, LIBRARY BOARD, TO PROVIDE

THAT THE COUNTY LIBRARY BOARD SHALL BE ADVISORY IN NATURE;

PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION

IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND

PROVIDING FOR AN EFFECTIVE DATE.



COUNTY ATTORNEY MATTERS

BONDS/CONTRACTS, LEASES & AGREEMENTS/COMMITTEES

Ms. Annette Star Lustgarten, County Attorney, informed the Board that approximately 45 RFP's were sent out to bond counsel throughout the State for the selection process. She stated that approximately 14 responses have been received, and an interviewing process will be held with the bond firms. Ms. Lustgarten stated that Ms. Eleanor Anderson, Director of Administrative Services-Budget, Mr. Al Thelen, County Manager, and she will be doing the interviews, and once those are concluded, she will be bringing back to the Board a recommendation.

Commr. Gregg stated that he would like Mr. Jim Schuster, Finance Director, to be on the selection committee.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to Board meeting.

COMMITTEES/CLERK/COURTHOUSE

Discussion occurred regarding the Project Appreciation Committee established by Mr. James C. Watkins, Clerk.

Commr. Hanson stated that she is a member of the Committee, and discussed the three day event planned for Memorial Day, for the returning soldiers, which will include a reception, possibly at the Courthouse. She discussed a possible monument being established somewhere around the Courthouse. Commr. Hanson stated that a "rest and relaxation" is trying to be planned, preferably in Central Florida, and funds are being raised.

Commr. Swartz stated that the concert at Lake-Sumter Community College raised $1,036.00 in donations. Commr. Swartz discussed the plans for the County employees, and the long-range plans for the Old Courthouse, and the possibility of a portable monument. He stated that the American Legion also wanted to bring the World War I monument to the same area.

Commr. Hanson stated that consideration had been given to the idea of talking with the builders of the jail, and the possibility of them donating the monument.

Commr. Bakich stated that Governor Lawton Chiles had discussed the possibility of a big Fourth of July event, with representation being made from across the State. He suggested that a letter be sent to him with the Chairman's signature, in relation to this issue.

RECESS & REASSEMBLY

At 10:13 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

TIME CERTAIN

JAILS/REPORTS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board to present a progress and schedule update on the Criminal Justice Facility. Mr. Anderson presented the Project Financial Status Report (PFSR) showing budgeted versus actual costs; current/future cash flow projections; and sales tax recovery to date.

No action was taken by the Board at this time.

RECESS & REASSEMBLY

At 10:48 a.m., the Chairman announced that the Board would recess until 11:00 a.m.

PLANNING & DEVELOPMENT/ORDINANCES

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the proposed ordinance permits landscape architects to prepare stormwater drainage plans. She stated that Chapter 481 of the Florida Statutes authorizes landscape architects to prepare these types of plans, and an order has been issued by the Department of Professional Regulation effectively confirming that they do have the training and authority. At this time, she reviewed the Statute with the Board.

Mr. John Springstead, Springstead Engineering, appeared before the Board and stated that the Joint Professional Engineers/Landscape Architecture Committee was established by the Legislature to submit a letter of agreement, which delineates the conditions or circumstances under which landscape architects may submit permit applications for the design of storm water management drainage systems. At this time, Mr. Springstead submitted a letter from the Department of Professional Regulation, and discussed the recommendations, and the requirements for landscape architects to be allowed to submit storm water and surface water applications. Mr. Springstead suggested that the Board reconsider the proposed ordinance, because it does zero in on subdivisions, and that it talks about a single drainage system relative to siting a building with a single water shed around that building, or around that complex, and the work is incidental to the landscaping of the site work, which is done by the architect. He further stated that, if this works is incidental to the landscape work, then it should be done in a section relative to site plan design, not in the subdivision. Mr. Springstead stated that there is not a separate provision in the Lake County Code relative to site plan review to use the subdivision rules for site planning, and he feels this is where part of the problem exists.

Mr. Bob Huffstetler, registered landscape architect, appeared before the Board and stated that the documentation presented by the Department of Professional Engineering was not adopted by the Board

of Landscape Architecture. Mr. Huffstetler stated that the regulations have no bearing on landscape architecture in Chapter 481, Florida Statutes. He further stated that the problem with the County policy is that it is exclusionary and keeps landscape architects from practicing to the extent of their licenses.

Mr. Don Findell, Director of Environmental Services, stated that he does not expect to get many plans submitted by landscape architects in Lake County, and does not foresee any more required policing of the plans. Mr. Findell stated that he could provide the Board with the basis for a comparison, and if a serious problem arises, it will be brought to the attention of the Board.

Ms. Lustgarten stated for clarification that the Zoning Code does have standards for site plan preparation, and does require compliance with the subdivision regulations, in relation to the drainage and stormwater management provision.

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that approximately 99% of the subdivision construction plans have the stormwater design incorporated into them. He stated that he would not sign off on a set of plans to accept them, because the primary function is construction, which would be the responsibility of the engineer.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved Ordinance 1991-3, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

LAKE COUNTY, FLORIDA, RELATING TO LANDSCAPE ARCHITECTS;

PROVIDING FOR AMENDMENT TO APPENDIX "C", SUBDIVISION

REGULATIONS; PROVIDING FOR AMENDMENT TO SECTION 50,

DEFINITIONS; PROVIDING FOR AMENDMENT TO SECTION 93,

DRAINAGE SPECIFICATIONS TO ALLOW LANDSCAPE ARCHITECTS

TO DESIGN DRAINAGE SYSTEMS; PROVIDING FOR INCLUSION

IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY;

AND PROVIDING AN EFFECTIVE DATE.



Commr. Bakich was not present for the vote.

OUTDOOR RECREATION

Mr. Lee Hogan, representing the Florida District of the US Cycling Federation, appeared before the Board to make a presentation on the Florida Road Race Championships in Lake County on May 25th and 26th, 1991, in the Ferndale area, which is Memorial Day weekend. Mr. Hogan stated that he has contacted the Lake County Sheriff's Department, Lake Sumter EMS, and the Sugarloaf Repeaters (HAM radio club), to coordinate the directing of traffic and the necessary communication. He further stated that Town and Country Refuse will be providing the necessary sanitary and trash facilities in the parking area.

Commr. Swartz stated that, with Mr. Kent Lindermann, Bicycle/Pedestrian Coordinator, the County has been able to remove some of the problems in the past that have occurred with the bike riders coming through Lake County. He stated that Mr. Lindermann has talked with the Sheriff's Department, who will be patrolling the area of CR 455, CR 561, and CR 560A on Saturdays and Sundays, over the next few weeks, for riders, who are welcome in Lake County, as long as they abide by the rules.

Mr. Hogan stated that the Sheriff's Department has recommended that they have four officers with vehicles on site during the races, and he has emphasized, in the entry forms, that courtesy be extended to local motorists and residents of the area.

It was noted the Board acknowledged the fact that the event will take place.

RECESS & REASSEMBLY

At 11:45 a.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m.

PLANNING & DEVELOPMENT/REPORTS

Mr. Randy Young, Henderson, Young and Company, appeared before the Board to discuss the report title Concurrency Management System: Design Framework for Lake County.

During Mr. Young's presentation, the Board was informed that the effective date for the concurrency management system to be implemented is set by Statute as twelve (12) months after the Comprehensive Plan is submitted to the Department of Community Affairs (DCA), thus Lake County's deadline is February 1, 1992. The report presents the design framework for Lake County's

Concurrency Management System, and addressed the following broad policy issues about the concurrency system:

1. What does concurrency apply to?

2. Who performs the concurrency evaluations?

3. How are standards for levels of service implemented

through concurrency?

4. How will capacity of public facilities be reserved

for applicants who pass the concurrency test?

5. What are the steps in the concurrency management process?



It was noted that, by presenting the proposed concurrency management system in this preliminary design phase, it enables people affected by this new system (the County Commission, the community, and the staff) to review the system and to suggest changes before the system is fully developed (much like reviewing a blueprint prior to beginning construction). This design framework is conceptual in nature. The final concurrency management system may vary somewhat in response to later research and/or during implementation of the system.

It was noted that the concurrency requirement does not apply to every type of development situation, Within limits, the County can determine which development orders are subject to concurrency, and which are not. Some applicants for development orders may be exempt from concurrency because of vesting, or they do not create any impact on public facilities. Development orders, which are excluded from the concurrency requirement, do not have public facilities reserved for the future development authorized by such development orders (unless they are excluded because they are vested). The State law dictates which type of public facilities are required to be included in the concurrency tests. All providers of the state-mandated public facilities are part of the concurrency process.

Mr. Young answered questions from the Board and staff on the information supplied to them regarding concurrency management.

No action was taken by the Board.

RECESS & REASSEMBLY

At 4:10 p.m., the Chairman announced that the Board would recess until 5:05 p.m., for the public hearing on the Impact Fee Ordinances.

PUBLIC HEARING

ORDINANCES

At 5:05 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed Impact Fee Ordinances.

Ms. Annette Star Lustgarten, County Attorney, stated that she had handed out several amendments to some of the proposed ordinances. At this time, she reviewed each with the Board.

Commr. Bailey opened the public hearing to comments on the Park Impact Fee Ordinance.

Ms. Jean Kaminski, Executive Director of the Homebuilders Association, appeared before the Board and stated that the impact fee is based on 95% of the actual fees included in the consultant's Impact Fee Study for new development, with the Board's policy always being to never go higher than 85%. She discussed her concern with the wording of the three year extension by the Board (Page 18, B.), if the impact fee or land dedication funds are not expended within six years. She further stated that, if the funds are not going to be used, or obligated within six years, that tying up someone's money for nine years was totally unreasonable.

Ms. Lustgarten stated that this is the language in the current road impact fee ordinance, which was carried forward into the proposed ordinances before the Board.

Ms. Kaminski discussed the request made by the Committee, of the consultants, to use a basic formula for the equalization of mobile homes and standard construction, yet throughout, it is based on bedrooms, but there is a difference between mobile homes and single families.

Ms. Kaminski stated that, with things being at their slowest point, it does not seem to be the time to add the total cost of all

of these fees at one time, because she did not feel it would be beneficial to the County right now. She stated that, until the school issue has gone through the court system, she was not sure this was the time to begin the enactment of the School Impact Fee.

She further stated that she felt the Park Impact Fee could be postponed or delayed for a six month period, because it does not seem to be an essential service at this time, and it would allow the County, once again, to evaluate the economy. She felt that there could be a delay on the School Impact Fee Ordinance and the Park Impact Fee Ordinance.

Ms. Kaminski stated that the stand of the local Homebuilders Association, as well as state and national, has always been that, as long as you can assure that the impact fees are fair and equitable, the need will be understood.

Mr. John Swanson, Director of Planning & Development, stated that all of the fees contained within the study are calculated at 95%, with the exception of education, which is 85%.

Mr. John West, Umatilla, appeared before the Board and stated that he is opposed to all of the proposed impact fee ordinances.

Ms. Cecelia Bonifay, representing a number of developers' interests in Lake County, appeared before the Board and questioned clarification of language in the "dedication" section involving the dedication of land, building of capital facilities, or the payment of fees.

Ms. Lustgarten stated that it could be a combination, at the discretion of the Board, but this language is not currently reflected in the proposed ordinance. She referred to Page 2, whereas, Policy No. 8-1.5, which states that it requires "new development to provide recreation space, or pay fees in lieu of, consistent with the minimum level of service standards". She stated that, unless there is a formula, she did not feel that the County could, in an equitable manner, access more for the large scaled development and make them dedicate land, pay fees, or build facilities, and pay impact fees.

Ms. Lustgarten stated that the proposed ordinance is drafted where the Board has the ability to ask for land, if it is the Board's discretion to do so, or to request payment of the fees. She stated that, if this is the direction of the Board, there will need to be a policy directed to staff with the necessary criteria when the Board wants land to be dedicated.

Ms. Bonifay discussed Page 11, (2) Maximum Density Presumed., and Page 13, D. Developer Fee Study. Ms. Bonifay also commented on the three year extension, on the six years to expend the impact fee monies, and stated that the longer period of time was given for transportation, because those are more capital intensive projects that take a longer timeframe, and does not see the same analogy holding true to the other areas. She stated that she feels that schools are equivalent to roads, because you are talking long term capital construction, long term planning, and a larger amount of dollars.

Mr. Claude E. Smoak, Clermont, appeared before the Board and stated that the problem in the County is housing, and that everybody who builds is going to have to pay. Mr. Smoak stated that it appears that, in all of the proposed ordinances, the fees are tied to the Consumer Price Index (CPI), and stated that there is a problem when the rates are going up faster than people's ability to recover the money with increased earning capability. He further stated that he felt the built-in automatic adjusters are the worst thing you can do in government. Mr. Smoak stated that the only base that the County has is a service type base, and those are not the kind of jobs that can pay up front big fees to government for needs that are not defined well enough to put the implementing ordinances in place. He discussed Lake Louisa State Park, and suggested that the proposed parks ordinance may not be a priority item today. He requested that the Board not put the ability in place to levy these fees, until the County knows for a fact that they are needed, necessary, and can judge them on the economic conditions of the times.

Mr. Bert McDonald, east Lake County resident, appeared before the Board and discussed Page 18, regarding Exemptions and Credits from payment of the impact fee, and suggested that the Board consider a specific exclusion, or exemption, so that an occupied present dwelling does not have to pay an impact fee to replace that dwelling, at any time.

Ms. Lustgarten explained the intent of the language in this section of the proposed ordinance, and that an individual would only pay the difference between the replacement of a mobile home with a conventional home, and that specific language will be drafted.

Ms. Marian McKinney appeared before the Board and stated that she would like this issue clarified, because she was informed that she would have to pay another impact fee totally and completely for another mobile home. She stated that she has a 1973 mobile home, and has a chance to buy a 1980 repossession, and was told, if the 1973 mobile home is pulled from the lot and replaced with a 1985 model, she would have to pay another $1,000.00. At this time, Ms. McKinney was informed that the staff has made changes in the wording of this issue, with Ms. McKinney requesting that Board consider every aspect, because of the economic situation that will cause people to not be able to pay the additional costs.

Mr. Bob Newman appeared before the Board to discuss the issue of the replacement of a mobile home, and the renters of his mobile homes. Mr. Newman stated that he has several RV lots that he would like to build duplexes on, or some type of rental housing, but feels that, with the way the ordinance is currently written, if he were to replace an RV on an RV lot with a duplex, he would have to pay impact fees. He discussed there being no tax records where he paid taxes on the RV lots.

Discussion occurred regarding this issue, with it being established that an individual would have to pay the difference for any increase in density.

Mr. Steve Richey appeared before the Board and stated that impact fees are taxes. Mr. Richey stated that the filing fees in the Planning and Zoning Department have increased from 20% to 250%, from 1989. He discussed the cost for pulling a building permit for a $50,000.00 house with three bedrooms, at the current impact fee rate, as compared to the new impact fees being proposed today, with the increase being a 475% increase. Mr. Richey continued to discuss the impact caused on new developments, and suggested that the County slow down on the proposed ordinances, with the County continuing to study, and to develop a plan, because he does not feel that any plans have been made for any of these issues.

Mr. Richey discussed the issue of the School Impact Fee Ordinance, and stated that a plan should be in place, if $400,000.00 will be generated, and a proposal by the School Board to the Board needs to be submitted before the burden is placed on the people.

Mr. Tim Sullivan, School Board member, stated that plans have been made, and the use of those dollars are contained within the proposed School Impact Fee Ordinance.

Ms. Phyllis Patten, School Board member, appeared before the Board and stated that over one-half of the students are bussed within the County. She stated that you have to know where the development is going before plans can be made for the location of the schools. She further stated that she supports the impact fee, but that growth does not pay for development. Ms. Patten stated that the vast majority of the people in Lake County support impact fees, and that you have to look towards the future and make compromises for adequate services and quality environment. She stated that the Board needs to make a hard decision, and to look toward the future, and prioritize the needs.

Mr. Jerry Smith, Chairman of the Lake County School Board, appeared before the Board and stated that he supports impact fees for education. Mr. Smith stated that $400,000.00 does not even

come close to the existing school crisis, and requested that the Board enact and implement fees as soon as possible.

Commr. Gregg questioned Mr. Smith, if the Commission approves to adopt the School Impact Fee Ordinance, will the School indemnify the Commission and defend the County, if there is any legal action brought against it, with Mr. Smith stating that he will certainly encourage the School Board's attorney to work with the County Attorney to ensure that some type of mutually agreed decision is evolved, before the School Board will go about asking the Board to take action that will cause the Board grief in the future. Mr. Smith further stated that he will pursue this issue and report back to the Board.

Mr. Sullivan stated that he chaired the Impact Fee Study Committee and discussed economic development, low and middle income housing, court cases, the plan for school development, and encouraged the Board to approve the proposed School Impact Fee Ordinance. Mr. Sullivan further stated that he will support what it takes to save the quality of the County.

Mr. Gene Molnar, representing Dr. Thomas Sanders and the School Board, appeared before the Board and discussed the planning and development for Lake County, and stated that, once the determination can be made where the development will be, and it is compared with the Land Use Map, he believes that basically the County can be told where elementary, middle and high schools sites will need to be. Mr. Molnar discussed the flexibility of funds

and stated that the School Board will try to plan and study to meet the needs of the future.

Ms. Nancy Abbott appeared before the Board and urged the County to adopt impact fees on new buildings, and to use those monies received to improve the development of the roads; to make sure there is enough space in our schools for the future; and to make sure the County has good quality water. She stated that, if the County does not impose the tax, the developers and realtors will be more than anxious to build, especially in south Lake

County. She further stated that the people already living in the County should not have to carry the load of the newcomers. Ms. Abbott stated that the impact fees should be specific and go to certain things, but feels that the park impact fee is not necessary.

Mr. Phil Brewer, Eustis, appeared before the Board and stated that he feels the impact fees are an addition to the ad valorem taxes, and does not feel that impact fees are fair. Mr. Brewer discussed the taxation in Lake County, and the average salary of the working individual. He stated that he does not feel that this tremendous increase being considered by the Board is in the best interest of the County, and recommended the Board exercise caution and restraint when considering the proposed ordinances. Mr. Brewer stated that the impact fee should be tacked onto the ad valorem taxes, and feels that the impact fee is somewhat discriminatory, and the Board should give serious consideration to this issue.

Mr. John West, Umatilla, appeared before the Board to discuss the growth of Lake County, in relation to schools and fire service. Mr. West went on to discuss the volunteer fire departments, and stated that the self-esteem has been taken away from those volunteers. Mr. West discussed the National Forest, and stated that he did not want to see the County approve the impact fees that are not necessary. He suggested using the ad valorem tax for the needed schools, etc. He discussed road work that has been done, involving the placement of reflectors, striping, speed zones, etc. and stated that these do not need to be in residential neighborhoods.

Mr. Carl Ludecke, Impact Fee Committee member, appeared before the Board and discussed the minutes of August 15, 1990, from one of the Committee meetings. The contents of the minutes reflected that the Committee wanted more information on the Parks Impact Fee; the Committee had no problem with the fire, EMS, and law enforcement services; the Committee wanted more information on the Library Impact Fee; the Committee thought the water and sewer issue was

premature; and the Committee requested more information on the School Impact Fee. Mr. Ludecke stated that the only issues that the Committee was positive about were the fire, EMS, and law enforcement.

Mr. Ludecke stated that, at the September 26, 1990, Committee meeting, more information was presented on several of the issues, such as education. He stated that the Committee was not in total agreement of any of the issues, except for the three emergency services, and that more time was needed. At this time, Mr. Ludecke reviewed the additional information presented to the Committee, and stated that $10,500.00 was an excessive amount for the purchase of parks.

Mr. Swanson stated that there was an appraisal and a detailed analysis of the cost of property prepared by Mr. Fred Kurras, Appraiser, with park property being in the average range of $7-8,000.00 per acre.

Mr. Ludecke stated that the appraisal was never submitted to the Committee for review. He stated that the area for school sites will have a different value, due to water and sewer hookup. He stated that more time is needed, and that he would like to see the Committee meet again.

Mr. Hubert Hartman, Mount Dora, appeared before the Board and discussed the effect the impact fees will cause on the new homeowners coming to Lake County. Mr. Hartman stated that, if the impact fees are not levied on the new properties, the costs will be passed on through the form of ad valorem taxes to the present homeowners. He stated that the people currently in the County are not responsible for their share of the developments, or required to support their property. He discussed future ad valorem taxes involved with the incinerator and utilities, and the delinquent tax rolls. Mr. Hartman stated that, if people want to live in Lake County, they need to pay their own way.

Ms. Marian McKinney appeared before the Board and stated that, if the people had the money, they would pay for the services, and

that the community spirit needs to come back, as with the volunteer fire departments. She suggested that the Board review each line item of the budget.

Ms. Catherine O'Calvey, Okahumpka, appeared before the Board and stated that she has lived in a mobile home for the past eighteen years, and had hopes to build a home. She stated that the average hourly wage is $5.00, and she, along with many others, will not be able to afford to build a home, especially if the Board imposes the impact fees. Ms. O'Calvey stated that she has received no benefits from the County in the past 18 years, for the fees that she has paid over the years, because she still drives 13 miles when an emergency arises. She requested that the Board spend a considerable amount of time reviewing the proposed ordinances before approving any of them.

Mr. Frank Schuler appeared before the Board and stated that he has been the manager of Leesburg Mobile Homes street dealership for approximately ten years. Mr. Schuler stated that the impact fees may be needed, but, to approve them all at one time would be a culture shock to the area. He stated that the average working class person, who is seeking the pride of ownership and does not want to rent, has the alternative housing, which is a mobile home. Mr. Schuler discussed the information he received from different financial institutions regarding the financing of impact fees. Impact fees cannot be financed, nor building permits, because the land is not involved, and because it is either owned, or it is a rental lot. He stated that he has tripled the sales of used mobile homes, with the alternative going back to renting.

Ms. Cecelia Bonifay appeared before the Board and stated that the technical issues apply to all of the proposed impact fee ordinances. She stated that, after hearing the information provided by Mr. Ludecke, the only three fees that appeared to be reasonable by the Committee, but were not voted on for the Board to adopt, were the fire, EMS, and law enforcement fees. She discussed the education litigation, and stated that, if the School Board

wants to defend and indemnify the Board and hold the Board harmless, then perhaps she would consider the School Impact Fee ordinance. Ms. Bonifay stated that she did not feel that the larger developers are trying to avoid paying impact fees, due to the extreme amount of monies estimated to be set aside to cover these fees. She stated that the impact is on smaller developers and individuals, and that the cumulative impact needs to be considered, along with the development fee.

Mr. Roger Conner appeared before the Board and stated that he was disappointed not to see the developers and realtors attending the meeting this afternoon, which involved concurrency management. Mr. Conner stated that the government needs the money to function, and discussed the deficit in Washington D.C., and the twelve million dollar overrun on the Criminal Justice building, which was initially forty million dollars. He discussed the lack of communication between the government and the people, and requested that the Board move slow on the issues being presented tonight.

Mr. Bert McDonald, east Lake County, appeared before the Board to discuss the fire department in Lake County, and stated that he still supports impact fees with a user payment. He stated that the County needs to be considering its track record, how did we get to where we are today; what quality of service is the County providing; and will this impact fee significantly change that quality of service, or life style. He stated that the County is not tied to spending the impact fee on a specific function, but perhaps it should state this in the ordinance. Mr. McDonald also suggested that the County review the quality of people in the County's offices.

Mr. Chuck Pula, Director of Parks and Recreation, stated that staff supports the Parks Impact Fee ordinance, and is aware of the concerns being voiced tonight. He stated that staff would suggest further studying the data on hand regarding Parks and Recreation needs, and feels that, as Lake County grows, the impact fee will be needed. He further stated that it would be important to study the

relationship between the number of dwelling units constructed, and how they are affected by the impact fees.

Mr. West appeared before the Board, once again, and stated that the County is going in the direction of being a municipality.

At this time, the Chairman closed the public comments, and limited the discussion to the Board members.

Commr. Gregg stated that he supports impact fees, especially the school impact fee, but did not support the parks and recreation impact fee. He stated that the County needs to look at its priorities, and would like to see parks and recreation fees removed from the discussion, and possibly consider it next year. He further stated that he would like to take all of the proposed impact fees, and put them at 85%, and leave the school board impact fee the same, with the condition that the School Board indemnify and defend the County, should a lawsuit be filed, and should the Board lose the lawsuit, the School Board will reimburse any monies paid by the Board.

Commr. Bailey stated that he agreed with Commr. Gregg on the issue of the school impact fee, the postponement of the parks and recreation impact fee, and discussed phasing in the impact fees for EMS, fire, and law enforcement. It was noted that the school impact fee has already been considered at 85%.

Commr. Swartz discussed the total impact fee proposed, including parks and recreation, and stated that he is absolutely in support of moving forward with the fees being presented today. He further stated that he is not in favor of phasing in the fire, EMS, and law enforcement.

Commr. Bakich stated that he feels the new development should be paying for itself as much as possible, and that he does not feel that justification exists when you require an individual to pay additional ad valorem taxes, when he is not creating the impact.

Commr. Bakich discussed the CPI (Consumer Price Index), and stated that he does not endorse the amount of ten (10) percent, and would request that the Board consider the percentage amount be scaled

back to not exceed five (5) percent on an annual basis. He further stated that he would like to see the Committee reconvene and review the parks and recreation impact fee once again.

Commr. Bakich made a motion, which was seconded by Commr. Swartz, to approve fire, EMS, law enforcement, and school impact fees, with the understanding that the School Board indemnify the County, and to adjust the annual increase not to exceed five (5) percent.

Under discussion, Commr. Gregg stated that he would prefer to remove the CPI, and approve the five (5) percent.

Commr. Swartz stated that this would be a mistake, and that some annual evaluation should be made, in order that an approximation can be made on the increases that occur, and the costs. He suggested that staff come back with an index that would be appropriate for this issue.

Commr. Bakich clarified his motion by stating that the Parks and Recreation Impact fee issue will be revisited by the Committee, and that the CPI be limited to five (5) percent.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved to amend the motion from six plus three years, to six years straight, in all but schools and roads.

The motion passed with a 4-1 vote, with Commr. Swartz voting "no".

Commr. Gregg addressed Page 11, (Parks and Recreation), (2) Maximum Density Presumed, and requested that the County use more of an average, such as three (3) bedrooms.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved to amend the motion, in relation to "Maximum Density Presumed", to an average level, rather than a maximum level.

The motion passed with a 4-1 vote, with Commr. Swartz voting "no".

Commr. Bailey called for a vote on the original motion, including the two amendments, as stated above, with the Parks and

Recreation Impact fee ordinance being revisited by the Committee and the CPI limited to five (5) percent.

The motion was carried unanimously.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following amendment to the School Impact Fee Ordinance:

On Page 8, strike



Line 24 770

Line 26 1270



And Insert:



Line 24 750

Line 26 1000

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following amendment to the Fire Protection and Rescue Services Impact Fee Ordinance:

On Page 7, Line 20 strike

is

And Insert:

municipalities

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the following amendment to the Emergency Medical Services Impact Fee Ordinance:

On Page 4,

strike

Line 7 through 10

And Insert: Line 6

Line 6 after "in" insert "all"

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following amendment to the Emergency Medical Services Impact Fee Ordinance:

On Page 7, Line 12 strike

Line 12 from "a" through Line 16

And Insert:

Line 12

after "of" insert "unincorporated Lake County and all

incorporated municipalities within Lake County."

Commr. Swartz discussed giving the staff direction on the parks and recreation ordinance, with needs for significant revisions to the Comprehensive Plan and the Concurrency Plan.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, for the Board to approve to instruct staff to take the information on the parks and recreation impact fee to the Committee, to review the cost figures, and to bring it back to the Board with a recommendation from the Committee, in order for the Board to take action on enacting the ordinance, in time for the requirements of the concurrency management plan.

Under discussion, Commr. Bakich stated that he had not been aware of the concerns of the Committee, in reference to parks and recreation, and the school impact fee, and that he would support parks and recreation tonight, for the ordinance to come back to the Board for consideration.

Commr. Bailey called for a vote on the motion, with the motion being carried with a 4-1 vote, with Commr. Bailey voting "no".

Ms. Lustgarten discussed the issue of the replacement of a mobile home with a single family dwelling, and stated that, if there is no increase in density, the individual would not pay an impact fee, but, if there is an increase in density, the individual would pay the difference, with this issue being addressed within the ordinances.

PUBLIC WORKS/ROADS-COUNTY & STATE

Mr. Al Thelen, County Manager, discussed a request he received from Mr. Jim Stivender, Director of Public Works, for a letter from the Board to the Department of Transportation (DOT) indicating whether or not the Board wants to support the addition of an interchange at Grassy Lake Road. Mr. Thelen stated that the letter was needed before the next scheduled Board meeting. He further stated that Mr. Stivender had attended the meeting last week and had indicated the position of the staff.

Mr. Steve Richey stated that the letter from the Department of Transportation (DOT) was a request for them to consider other exchanges in Lake County between the current exchange and Highway 50 exchange, because of the development that has taken place in this area.

Commr. Swartz stated that the Board is being asked to consider an issue that obviously has questions of concern. He further stated that the item is not on the agenda, and is being brought to the Board after a public hearing for consideration. Commr. Swartz stated that he is not in the position to take action on this item, without the necessary complete information.

Mr. Thelen stated that Mr. Stivender felt the County should support DOT in considering this issue, or it would not be made a part of their Master Plan. Mr. Thelen stated that DOT had requested a response within ten days after their meeting.

Mr. Thelen stated that he would hold this issue and place it on the next agenda.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Al Thelen, County Manager, informed the Board that he had received a phone call regarding Ogden Martin working with Lake County and Flagler County, for a contract with Flagler County to bring its solid waste to Lake County for disposal purposes, in order to increase the County's waste flow. He stated that Ogden Martin will be at a public meeting on Thursday. He further stated that Ogden Martin has the ability to do this without the County's approval, and will be discussing a longer term option.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 8:35 p.m.



DONALD B. BAILEY, CHAIRMAN

ATTEST:





JAMES C. WATKINS, CLERK

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